Oh jesus you naughty boy. Better luck next time.

[Chas]

I disagree - offending someone's sensibilities is not and should be a criminal offense.

There is no role for government in limiting speech that is offensive. It is the slipperiest of slopes.

You're going to riot? You're going to get arrested or shot.

Agreed, but this is not the legal/social principle I am working from. If all one can muster is, "I'm offended" there is no criminal act to be had. But when one can rightly assume a particular response from a given action of expression (like shouting fire in a crowded theatre), many courts (including SCOTUS) have long upheld the principle of holding the speaker criminally responsible for an outcome. Its also why white supremasist leaders who merely write books and give speeches have been successfully prosecuted for violent crimes committed by others inspired by such writings. It is also the reason why Charles Manson is in jail for murder even though he never committed any murders directly (that we know about).

Manson is in jail for conspiracy to commit murder. This is not a free speech issue.

Similar arguments can be made regarding other forms of speech, like when one burns a flag or desecrates a venerated figures in public in the wrong place at the wrong time (yes, context matters). The act may not be criminal, but the caused criminal actions produced in other people, can thus make the initial act partially punishable for the ensuing damages/crimes -- and I believe rightly so.

The actual crimes in those cases are conspiracy or incitement, not simple speech.

I totally agree that this kind of legal precedent is a difficult row to hoe, hence why each case must be addressed individually, and hopefully anyone found guilty has a line or two of available appeals courts to re-consider their case.

Now, in the case of face-humping Jesus, clearly we aren't remotely in the same category as the crimes I used to illustrate the legal/social principle I am following, but nonetheless I can understand how a court might see this childish crime worth, at the very least, a slap on the wrist because of this principle.

The face-humping kid committed no crime; he offended some people, no conspiracy, no incitement.